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HomeMy WebLinkAboutPC Reso No 2016-23 (Annex 160)RESOLUTION NO. 2016-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, RECOMMENOING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF ADDENDUM #2 TO GENERAL PLAN UPDATE RECIRCULATED PROGRAM ENVIRONMENTAL IMPACT REPORT FOR ANNEXATION NO. 84, GENERAL PLAN AMENDMENT 2014-03, AND ZONE CHANGE NO.2014-02. WHEREAS, Bruce Vinci, RHW, LLC has submitted an application to annex 160 acres of land under his ownership, within the City's Sphere of lnfluence ("Annexation Area") generally located north of Greenwald Avenue on Dowling Street extension and specifically referred to as Assessor Parcel Numbers 349-250-013, 349-250-014. 349- 250-01 5 and 349-250-01 6. WHEREAS, the Project is subject to the provisions of the California Environmental Quality Act (Public Resources Code SS 21000, et seq.: "CEOA") and the State lmplementation Guidelines for cEQA (14 california code of Regulations Sections 15000, et seq.: "CEQA Guidelines") because the Project involves an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and involves the issuance of a lease, permit license, certificate, or other entitlement for use by one or more public agencies (Public Resources Code Section 21 065), and WHEREAS, the City prepared a Recirculated Program Environmental lmpact Report (State Clearinghouse No.20051210'19: the "RP-E|R") to address the potentiat environmental impacts of a comprehensive update of its General Plan pursuant to the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.: "CEQA"), the State Guidelines for lmplementation of the California Environmental Quality Act (California Code of Regulations, Sections 15000 et seq.: the "state CEQA Guidelines"), and the City's Procedures for lmplementing the State CEQA Guidelines and its other procedures relating to environmental evaluation of public and private projects; and WHEREAS, on December 13,2011the City Council of the City of Lake Elsinore certified the RP-ElR with Errata and Responses to Comments, the Findings of Fact and Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program, and WHEREAS, the potential environmental impacts of the General Plan's land use designations for property within the City limits and within the City of Lake Elsinore's Sphere of Influence were evaluated in the certified RP-EIR; and WHEREAS, an lnitial Study/Addendum to the General Plan Update Recirculated Program Environmental lmpact Report (GPU EIR) (SCH No. 2015121019) was prepared to provide an evaluation of potential site-specific environmental effects that could result from the proposed Project, compared those effects to what was disclosed by the GPU PLANNING COMMISSION RESOLUTION NO. 2016.23 PAGE 2 OF 5 EIR and concluded that the significant effects that would result from the Project have been addressed in the earlier certified GPU EIR; and WHEREAS, pursuant to CEQA Guidelines Section 15164, the lnitial Study/Addendum provides some changes and additions to the certified EIR and therefore constitutes Addendum #1 to Environmental lmpact Report No. 2007-01; and WHEREAS, pursuant to Section 17.188.040 of the Lake Elsinore Municipal Code ( LEMC )the Planning Commission has been delegated with the responsibility of making recommendations to the City Council for changes to the offrcial zoning map; and WHEREAS, on March 15, 2016, at a duly noticed public hearing the Planning Commissron has considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission, based upon a thorough review of the proposed Addendum #2 to the General Plan Update Recirculated Program Environmental lmpact Report, the CEQA documents, and the evidence received to date, does determine as follows. 1.ln accordance with Section 15'162 of the California Environmental QualityAct (CEOA) Guidelines, the proposed annexation and zone change do not present substantial changes or reveal new information that would require Subsequent or Supplemental EIR analysis. However, some changes or additions to the information contained in the certified EIR is necessary in order to approve the proposed project. Forthis reason, pursuantto Section 15164 of the CEQA Guidelines, an lnitial Study/Addendum to the General Plan Update Recirculated Program Environmental lmpact Report (GPU EIR)(SCH No. 2015'121019) was prepared to provide an evaluation of potential site- specific environmental effects that could result from the proposed Project, compared those effects to what was disclosed by the GPU EIR and concluded that the significant effects that would result from the Project have been addressed in the earlier cefiified GPU ElR. The lnitial Study/Addendum constitutes Addendum # 2 to the General Plan Update Recirculated Program Environmental lmpact Report (SCH No. 2015121019). That Addendum #2 was prepared in compliance with the requirements of the California Environmental Quality Act and the State CEQA Guidelines That, based upon the evidence submitted and as demonstrated by the analysis included in the Addendum #2, none of the conditions described in Sections 15162 or 15163 of the State CEQA Guidelines calling for the 2. J. PLANNING COMMISSION RESOLUTION NO. 2016.23 PAGE 3 OF 5 preparation of a subsequent or supplemental Environmental lmpact Report have occurred; specifically: a. There have not been any changes to the General Plan land use designations that require major revisions of the CEQA documents because of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; b. There have not been any substantial changes with respect to the circumstances under which the Proposed Project is undertaken that require major revisions of the CEQA documents due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and c. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the General Plan Update Recirculated Program Environmental lmpact Report was adopted, that shows any of the following: (a) the project will have one or more significant effects not discussed in the General Plan Update Recirculated Program Environmental lmpact Report; (b) significant effects previously examined will be substantially more severe than shown in General Plan Update Recirculated Program Environmental lmpact Report; (c) mitigation measures or alternatives which are considerably different from those analyzed in the General Plan Update Recirculated Program Environmental lmpact Report would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. SECTION 2. The Planning Commission has evaluated all comments, written and oral, received from persons who have reviewed Addendum #2 to the General Plan Update Recirculated Program Environmental lmpact Report. The Planning Commission hereby finds and determines that all public comments have been addressed. SECTION 3. The Planning Commission hereby finds that Addendum #1 to the General Plan Update Recirculated Program Environmental lmpact Report for the Project is adequate and has been completed in accordance with CEQA, the State CEQA Guidelines, and the City's procedures for implementation of CEQA; and recommends to the City Council that it make the same finding. The Planning Commission has reviewed and considered the information contained in the General Plan Update Recirculated Program Environmental lmpact Report and Addendum #1 and finds that the General Plan Update Recirculated Program Environmental lmpact Report and Addendum #1 represent the independent judgment of the City. SECTION 4. Based upon the evidence presented, the above findings, the Planning Commission hereby recommends that the City Council of the City of Lake PLANNING COMMISSION RESOLUTION NO. 2016.23 PAGE 4 OF 5 Elsinore adopt Addendum #2 to the General Plan Update Recirculated Program Environmental lmpact Report for Annexation No. 84, General Plan Amendmenl2014-03, and Zone Change No. 2014-02. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 15th day of March 2016, by the following vote: elly Jordan, nore Planning Commission cipal Planner PLANNING COMMISSION PAGE 5 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE RESOLUTION NO. 2016.23 l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, hereby certify that Resolution No. 2016-23 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 15th day of March 2016, and that the same was adopted by the following vote: AYES: CHAIRMAN JORDAN, COMMISSIONER GRAY, COMMISSIONER RAY NOES: NONE ABSTAIN: NONE ABSENT: VICE CHAIR ARMIT }SS